Legal Opinion
Neary v. Pennsylvania, Department of Revenue (In Re Neary)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 13, 1998No. 19-11111PublishedCited by 11 opinions
1Opinion of the Court
OPINION
STEPHEN RASLAVICH, Bankruptcy Judge.
Introduction
Before the Court is a motion filed by the Pennsylvania Department of Revenue (the “Department of Revenue”) to dismiss the instant adversary proceeding on grounds that it, as a governmental unit of the Commonwealth of Pennsylvania (the “Commonwealth”), is immune from suit in the bankruptcy court by virtue of the Eleventh Amendment to the United States Constitution. After the conclusion of a hearing on March 9, 1998, the Court took the matter under advisement. For the reasons which are stated more fully in the following discussion, the…
2Cases cited25 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lopez v. Department of Treasury ex rel. Rodriguez (In re Lopez)United States Bankruptcy Court, D. Puerto Rico · 2013
- Mitchell v. California Franchise Tax Board (In Re Mitchell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Willis v. Oklahoma Ex Rel. Oklahoma Tax Commission (In Re Willis)United States Bankruptcy Court, E.D. Oklahoma · 1999
- Kahl v. Texas Higher Education Coordinating Board (In Re Kahl)United States Bankruptcy Court, E.D. Pennsylvania · 1999
- Peterson v. Florida, Department of Revenue, Office of Child Support Enforcement (In Re Peterson)United States Bankruptcy Court, N.D. Illinois · 2000
6 more not listed; retrieve them via the Exa API.